Central Information Commission
Mrganga Singh Rawat Fwd By Post ... vs Ministry Of Labour & Employment on 29 July, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/001801/8201
29 July 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. Ganga Singh Rawat
H-78, Budha Vihar,
Majhola Line Par,
Moradabad - Uttar Pradesh
Respondent : CPIO & Regional Labour Commissioner (C)Hq.
M/o Labour & Employment
O/o the Chief Labour Commissioner (Central)
Shram Shakti Bhawan,
Rafi Marg, New Delhi - 110001
RTI application filed on : 16/04/2014
PIO replied on : 26/05/2014
First appeal filed on : 19/07/2014
First Appellate Authority order : 07/08/2014
Second Appeal received on : 24/08/2014
Information sought:
The appellant sought the following information:
1. Copy of letter of then Hon'ble MOS (L&E) Shri Harish Rawat in which the reference of representation dated 01/06/2010 of Shri Vijay Pal Singh,General Secretary PNBEUF (UP) is written therein and the copy of the letter of the then MOS (L&E) Shri Harish Rawat, issued on or after 01/06/2010, in which he advised to the then CLC(C) New Delhi to treat the representation dated 01/06/2010 of aforementioned Union's General Secretary to register their dispute in under under Section 2-A of the Industrial Dispute Act 1947.
2. Copy of representation dated 01/06/2010 of the General Secretary PNBEUF(UP) through which the General Secretary of the Union had begged/prayed to the then Hon'ble MOS(L&E) Shri Harish Rawat to register the case of Union in U/S 2-A of I.D. Act,1947.
3. Copy of updated progress reports and the copies of final outcome reports belongs to representation dated 15/10/2013(copy enclosed), duly handed over to the office of MOS(L&E), New Delhi.
In this representation the applicant had asked how the representation dated 01.06.2010 of the Union was illegally treated in U/S 2-A of I.D. Act 1947, whereas vide this representation the General Secretary Shri Vijai Pal Singh had prayed to lodge their complaints in U/S 25-T & U/S 29 of I..D. Act 1947, and how the representation dated 01.06.2010 with its annexure of the workman, given to the then MOS(L&E) Shri Harish Rawat, which was duly sent/forwarded by the then Hon'ble MOS(L&E) Shri Harish Rawat to CLC© was got removed from the records of CLC © and what were the circumstances the Page 1 of 2 officers of CLC( C) including Shri S.K.Chand disowned the directions of the then MOS(L&E) Shri Harish Rawat, issued to register the case of the workman in U/S 2-A of I.D. Act 1947 and he also advised to file the case of workman in Delhi. The workman prayed for taking appropriate action after a thorough probe.
4. Copies of note sheet, file noting, reports and other documents relating to Letter dated 23/09/2013 of the then MOS (L&E), addressed to Shri Sis Ram Ola, Minister of Labour & Employment (copy enclosed),when he was Hon'ble Minister of Water Resources, GOI, New Delhi.
5. Provide inspection of File of relevant records, belongs to VIP reference, from the date of receiving the letter dated 23/09/2013 in Labour Ministry and up to the date the matter got redressed, in U/S 2(j) (i) & (ii) of RTI Act 2005.For taking certified copies of relevant documents extracts etc. the applicant requests in U/S 2(j) (iii)& (iv) of RTI Act,2005.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ganga Singh Rawat Respondent: Mr. M K Dhurva CPIO The appellant stated that the respondent have demanded a fee of Rs.64/- for supply of documents in contravention of Section 7(6) of the RTI Act. He further stated that no response was given to his request for inspection. The CPIO explained that the appellant had filed his RTI application with the Ministry and the same was received by them on 25/04/2014 and fee was demanded vide letter dated 26/05/2014. The appellant contested stating that his RTI application was received by the Ministry on 19/04/2014 and as per provisions of the RTI Act they should have transferred the same expeditiously and in any case within 05 days and he is entitled to receive photocopies free of cost.
Decision notice:
The CPIO is directed to supply the information, free of cost, to the appellant forthwith. If, thereafter, the appellant so desires he should be permitted to inspect the relevant records.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2